President Judge Crumlish, Jr. and Judges Craig and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish

[ 66 Pa. Commw. Page 398]

The Department of Transportation (DOT) suspended the operating privileges of William Krupp. The Berks County Common Pleas Court, citing an oral agreement not to pursue the suspension, sustained Krupp's appeal. We reverse.

Krupp was convicted of a violation of Section 3733 of the Motor Vehicle Code (Code)*fn1 for which a six-month suspension is mandated.*fn2 Krupp, in his appeal

[ 66 Pa. Commw. Page 399]

of the suspension, argued that, because he operated a snowmobile and not a motor vehicle within the meaning of the statute, suspension was improper. He further asserted that the district justice had not informed him that a plea of guilty to this violation would subject him to a six-month suspension.

Following an evidentiary hearing, the court below was in verbal contact with Krupp's attorney and the Assistant Attorney General, arranging an agreement between counsel by which the license suspension would not be pursued if Krupp agreed not to seek a refund of fines and costs imposed for his conviction. The Assistant Attorney General was replaced and his successor sought to reinstate the suspension on the Miscellaneous Civil List. The trial court entered an order binding the parties to the oral settlement agreement. This appeal followed.

Pa. R.C.P. No. 201 states:

Agreements of Attorneys

Agreements of attorneys relating to the business of the court shall be in writing, except such agreements at bar as are noted by the prothonotary upon the minutes or by the ...

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